This bill clarifies the court's authority regarding visitation rights for family members and interested parties of an incapacitated individual under guardianship. It mandates that when an application for visitation is filed, the court must schedule a hearing and issue a temporary order within ten days of signing the order. The bill establishes a rebuttable presumption in favor of visitation, meaning that visitation should generally be allowed unless there is clear and convincing evidence that it is not in the best interest of the incapacitated person. Any decision to deny visitation must be documented on the record or through a written decision.
Additionally, the bill affirms the court's discretion to impose limitations on visitation, which may include supervised visits. This legislative change aims to enhance the oversight of guardianship matters and ensure that the rights of family members and interested parties are considered while prioritizing the well-being of the incapacitated individual. The act is set to take effect immediately upon passage.